RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-04132 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to honorable. ________________________________________________________________ _ APPLICANT CONTENDS THAT: The vaccine, pills, and Gulf War experience are directly related to his Personality Disorder, and the disorder caused his behavior. He put his life on the line for his country and believes that no war veteran should receive less than an honorable discharge, unless they were discharged for espionage or sabotage. Studies show that thousands of Gulf War veterans have unexplained illnesses and sicknesses and it is unjust that he should receive less than an honorable discharge because of his Personality Disorder. In support of his request, the applicant provided statements in his own behalf, a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, a copy of his DFAS Form 702, Air Force/Army Leave and Earnings Statement (Active and Reserve Forces), an e-mail regarding Court Victory for Sick Gulf War Veteran, an article from the Natural Health and Longevity Resource Center, entitled Gulf War Syndrome, and an internet news article entitled, Gulf War Veterans Accuse Pentagon of Cover-up. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant entered the Regular Air Force on 6 Nov 89 and was discharged on 23 Jun 94, with a UOTHC discharge due to misconduct—commission of a serious offense. Records reflect the applicant committed indecent acts of a sexual nature upon a minor, his dependent step-daughter, on multiple occasions, as indicated in a statement from the applicant, signed by him on 8 Feb 94. A legal review of the applicant’s case, conducted on or about 2 Jun 94, indicates the discharge authority elected to pursue an administrative action, based upon the election of the witness (the applicant’s spouse) not to provide testimony in the case and to avoid subjecting the victim (applicant’s step-daughter), to further humiliation and trauma that would likely result during a court-martial proceeding. Nonetheless, the investigative reports and statements provided by the victim and her mother were determined legally sufficient to support an administrative action. The applicant consulted counsel and waived his right to an Administrative Board hearing. Records indicate he appeared, with counsel, before the Air Force Discharge Review Board (AFDRB) on 25 Feb 97. The AFDRB denied his request. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial. DPSOS states that based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation. The applicant did not submit any evidence or identify any error or injustices that occurred in the discharge process, nor did he provide any facts warranting a change to his discharge. The complete AFPC/DPSOS complete evaluation is at Exhibit C. ________________________________________________________________ _ BCMR MEDICAL CONSULTANT’S EVALUATION: The BCMR Medical Consultant recommends denial. He states that despite the applicant’s assertion that either the vaccine, pills, or his exposure to the Gulf War theatre of operations are implicated in the development of an alleged Personality Disorder, he found no objective medical evidence that such a diagnosis has ever been formally made. Further, the applicant has not provided sufficient evidence, medical or otherwise, that would outweigh the egregious nature of the offenses he committed. Lastly, the BCMR Medical Consultant states he found no causal or mitigating relationship between the applicant’s acts of misconduct and either a vaccine, prescribed pharmaceutical, or his exposure to the Gulf War environment. The complete BCMR Medical Consultant’s evaluation is at Exhibit D. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force and BCMR Medical Consultant’s evaluations were forwarded to the applicant on 8 Aug 08 for review and comment within 30 days (Exhibit E). As of this date, this office has not received a response. ________________________________________________________________ _ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and the BCMR Medical Consultant and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application. ________________________________________________________________ _ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. _______________________________________________________________ The following members of the Board considered Docket Number BC- 2007-04132 in Executive Session on 17 September 2008, under the provisions of AFI 36-2603: The following documentary evidence was considered for Docket Number BC-2007-04132: Exhibit A. DD Form 149, w/atchs, dated 17 Dec 07. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOS, dated 7 Apr 08. Exhibit D. Memorandum, BCMR Medical Consultant, dated 1 Aug 08. Exhibit E. Letter, SAF/MRBR, dated 8 Aug 08.